Re: [Videolib] VHS to DVD for classroom use?

From: <ghandman@library.berkeley.edu>
Date: Mon Nov 02 2009 - 13:05:15 PST

Right...but

For the online course, a digital copy (not a DVD but a streaming video) is
necessary, right? You can’t stream a VHS copy. Therefore digitizing (at
least of part of a film) is legal, but there is no exception allowing one
to make a playable DVD of the digitized item.

It's difficult to know what trumps what here: DMCA sez no breaking of
encryption (xcept for film studies folk, don't get me started
again)...so...Digitizing a clip from a DVD probably goes in the face of
DMCA, even tho TEACH might allow "broadcast" of the clip.

gary

> There is a distinction between exceptions for educational use
> (face-to-face teaching) and the exceptions for online instruction. These
> are exceptions to the RULE that it is illegal to digitize analog
> materials. So the rule is: no change of format, no digitization.
> For the online course, a digital copy (not a DVD but a streaming video) is
> necessary, right? You can’t stream a VHS copy. Therefore digitizing (at
> least of part of a film) is legal, but there is no exception allowing one
> to make a playable DVD of the digitized item.
> For use in a bricks-and-mortar classroom, a VHS is as good as a DVD (and
> probably better than a DVD made by digitizing the VHS). It would be legal
> to make clips but not simply to copy the whole thing over.
> The “preservation” exception is pretty specific and has nothing to do with
> teaching of any kind. It involves library media which can no longer be
> played because the equipment is no longer maintained by the library (and
> of course it is legal only if it is impossible to obtain a copy of the
> media in a playable format). So it is not applicable to face-to-face
> teaching unless that occurs in the library itself and that library has no
> VHS players available.
> The law has not addressed the question of what happens when the last VHS
> player on campus dies.
> Why does the professor even want to do this? He doesn’t have a VHS player
> and he wants to review the movie on his computer before going in to
> teach?
> Judy Shoaf
> VIDEOLIB is intended to encourage the broad and lively discussion of
> issues relating to the selection, evaluation, acquisition,bibliographic
> control, preservation, and use of current and evolving video formats in
> libraries and related institutions. It is hoped that the list will serve
> as an effective working tool for video librarians, as well as a channel of
> communication between libraries,educational institutions, and video
> producers and distributors.
>

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

"I have always preferred the reflection of life to life itself."
--Francois Truffaut

VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
Received on Mon Nov 2 13:05:38 2009

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